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VIC Solicitor Unaware of Power of Attorney - Has Holder Committed an Offence?

Discussion in 'Wills and Estate Planning Law Forum' started by Sarge22, 18 December 2015.

  1. Sarge22

    Sarge22 Member

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    If a person who holds a Power of Attorney in Victoria is gifted a property by the Principal and the transfer document is witnessed by a solicitor who is not informed about the Power Of Attorney. Has the holder of the Power of Attorney committed an offence?
     
  2. Sophea

    Sophea Well-Known Member

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    Was the person with power of attorney making the transfer on behalf of the principal? Did the attorney intentionally not tell the solicitor he held power of attorney for some reason?
     
  3. Sarge22

    Sarge22 Member

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    The person who held the power of attorney received the gift from the principal which was a property valued over $1million. It appears that he intentionally did not advise the principal's solicitor that he held an EPOA that he prepared and had the principal sign. The principal's solicitor witnessed the signing of the land transfer deed.
     
  4. Sophea

    Sophea Well-Known Member

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    I am unaware of any offence the holder of the EPOA would have committed by doing this.
     

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